Monday, January 5, 2015

Why AREN'T You Trying to Stop Background Checks, Mr. Gottlieb?

Stuff like this leads Ol' Backwoods to not trust Alan Gottlieb Esq., of the Second-Amendment Foundation:
"We’re not trying to stop background checks..."
And WHY aren't you, Mr. Gottlieb?  Are you complicit now in the infringement of our rights?  Toadying up to the gun prohibitionists much?  I believe you might be, given that business with Manchin-Toomey.

This is simple, people: background checks for gun sales are unconstitutional infringements of the right to keep and bear arms.   And they will lead to registration, confiscation, and extermination.

There are a whole host of problems with a volunteer background check to buy a firearm.  First, Constitutional problems: the Supreme Court held in Haynes v. US (1968) that filling out a National Firearms Act (NFA) form violates a felon's 5th-Amendment right against self-incrimination!  (More on Haynes here.) Supposedly, U.S. v. Freed in 1971 reversed that (thanks GunCite); my understanding is that the "fix" is only for the 1934 NFA, not the 1968 GCA.

Even if it were, why are there virtually no prosecutions for felons filling out the background check form?

Regardless of the answer, the background check is IRRELEVANT anyway! The overwhelming majority of gun crimes are committed by persons who cannot lawfully own a gun. Criminals don't obey laws!   That's why they're called CRIMINALS.  They don't meekly sit down in the stool at the gun store like you do and fill out Form 4473 to buy a gun; they steal one, or get it on the black market.  The whole thing's a farce.

And Ol' Backwoods doesn't believe in the whole "prohibited person" construct in the Gun Control Act of 1968 anyway.  Look, if a person has committed a violent felony, and the court believes they cannot live in decent society, then KEEP THEM INCARCERATED, or justify ending their life.  But if they have served their time, paid their debt to society, and they obtain their freedom, then why shouldn't they enjoy the natural right to keep and bear arms?

I'll boil it down for you.  Any "background check" is just an incremental step to registration, confiscation, and elimination of "undesirable" population by a totalitarian government.  And anyone who says different is either ignorant, or a co-conspirator.

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